CMS Proposes Additional Modifications to the Overpayment Rule Relating to the Deadline for Reporting and Returning Overpayments

In the context of Medicare Advantage (“MA”) reform initiatives, we previously addressed the Centers for Medicare & Medicaid Services’ (“CMS”) December 27, 2022 proposal to amend its regulations set forth at 42 C.F.R. § 401.305(a) regarding the standard for an “identified overpayment” under Medicare Parts A–D, to align such regulations with section 1128J(d)(4)(A) of the Social Security Act, which incorporates by reference the “knowledge” standard from the Federal False Claims Act (“FCA”) (the...
By: Proskauer - Health Care Law Brief